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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a condo association (NJ) charge a fee (NOT for a violation) for something w/o first notifying the member of the fee?

In my condo association, there is an area where resident parking passes are required to park (not assigned - first come, first serve). I needed a new pass because the passes don't expire and the one I had was so old and faded it was unreadable. They emailed that they would send it out,... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 25, 2022

What a HOA may or may not charge is set forth in the provisions in the home owners declaration. The agreement usually provides that the Board of Directors may vote to change some of the provisions. A careful reading of all the documents is required.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is it legal for a landlord or maintenence person to enter an apartment without anyone being home?

About a week and a half ago, my girlfriend reached out to the leasing office of the apartment we are renting, about having our floor fixed which was damaged when we first moved in last year (we honestly forgot about it due to putting a rug over it). No one came, but my girlfriend noticed today that... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 19, 2022

Every lease, whether written or oral, is deemed to have include a provision called 'quiet enjoyment. This means no one can enter your apartment without your prior consent. The only exception to this is if an emergency exists and the Landlord is unable to contact you. Examples of an emergency... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can landlord change first month rent, security deposit, AND last TWO months rent?

Edit: with confirmation that this is illegal, what’s my next step? I already signed and paid, should I reach out to the landlord and try and get my money back or contact an attorney?

I was told I needed to pay the following at the lease signing:

1.5 months security deposit, 1... Read more »

Matthew Schutz
Matthew Schutz
answered on May 16, 2022

What your landlord is asking you to do is illegal in New Jersey. He's only allowed to ask for a month and a half security. Asking for the 2 months rent at the end of the lease on top of a month and a half security is not permitted. Could you ask your landlord to put that request in writing.... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My moms house has a reverse mortgage on it, how do I buy the house?
Aida Izgelova
Aida Izgelova
answered on May 15, 2022

Your mom should request a payoff statement from the reverse mortgage company, which will specify her mortgage balance owed to the reverse mortgage company. You will need to pay that amount plus any other liens on the property to purchase the home.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: The buyer’s attorney has not released the escrow of $10,000.00 paid by Seller. The closing was Dec. 15, 2021. T

The mandatory water test passed, yet buyer’s attorney demands that seller, me, pay for installation of water treatment system. I advised the attorney that the installation of the system is buyer’s responsibility, yet attorney has still not released the escrow funds back to SELLER. What do I... Read more »

Aida Izgelova
Aida Izgelova
answered on May 15, 2022

Your contract to purchase the property should include language regarding the means for resolving escrow account disputes. Also, if the attorney provided an escrow agreement when you deposited the money, that agreement should also specify the means for resolving disputes.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Heirs do not want house sold in Will. Executor who is not named to receive anything won't agree what can be done

Heirs are sole beneficiaries. Both heirs agree to not sell house, they don't want the money but want to keep house. Both heirs are of sound mind. Executor who only over sees the Will refuses our wishes and is selling the house. I quote "I am Executor of the will, empowered with final... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 3, 2022

The issues you raised are very complicated, It would be in your best interest to seek the advice who practices Wills and Estates Law.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: in my mother's will her house to be sold and money to go to me and my son. We both don't want house sold can it bypass

My mother wrote house to be sold and both my daughter and I to get money each month from sale. We both want to keep house and not get money. Can we keep the house? My daughter and I are only heirs

Morris Leo Greb
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Morris Leo Greb
answered on May 3, 2022

Yes, there is a way. I would suggest you speak to an attorney who practices wills and estate law.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: is a lease legal if the owner was in foreclosure when written and executed?
Morris Leo Greb
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Morris Leo Greb
answered on Apr 26, 2022

Yes but is subject to the foreclosure action.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Condo Ownership by-laws. 1 entity can't own more than 10%.

My wife and I currently live together. Our current property is mortgaged under me solely but she is on the title. We are attempting to purchase another unit in the building together with both of us on the mortgage. Would that still be considered as 2 entities or would it be considered as one entity... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Apr 14, 2022

Yes, the husband and wife are distinctly separate owners. It becomes a problem if they eventually decide to become joint tenants or tenants by the entirety.

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: How do I sell a marital home in NJ without the spouse being in the country?

My wife and I are separating and she will be moving out of the country. What documents do I need to get her signed before she leaves so I can sell the house later? Is there a possibility to remove her name from the deed?

Morris Leo Greb
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Morris Leo Greb
answered on Apr 9, 2022

It is very easy to do. Make an appointment with an attorney to prepare a deed which she signs along with several other documents required for transferring title. The attorney hold the documents in escrow pursuant to a written escrow agreement which calls for release upon sale of the property.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Filed a complaint in the court for non refund of deposit and defendant did not answer.

Filed a complaint in the court for non refund of deposit and defendant did not answer in 35 days and court entered default. Defendant's counsel filed a motion to vacate the default to anser the complaint out of time which was granted by judge with a note to submit the answer in 10 days.... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 4, 2022

Since you are represented by counsel, all questions must be directed to your attorney. It would be inappropriate for anyone else to comment.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hello. I live in NJ with my wife. She has owned our home since before we were married 28 years ago. It is paid off.

My name has never been added to the deed. How do we get a copy of the deed and legally add me to it?

Morris Leo Greb
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Morris Leo Greb
answered on Apr 1, 2022

You can go on line to the County Clerk's Office web site. On the website, you may search for a copy of your deed. The easiest thing to do, however, is to speak to a local real estate attorney. The attorney will obtain a copy of the deed and prepare a new deed to be executed and recorded. The... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I had to break my lease for personal reasons. My landlord has stopped looking for a new tenant and is selling the house.

In NJ there is a requirment for a landlord to take reasonable steps to find a new tenant. Would I still be liable for rent up to the end of the lease if they are looking for a buyer and not a tenant?

Morris Leo Greb
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Morris Leo Greb
answered on Mar 29, 2022

As long as the Landlord is making a good faith effort to market the property, the Landlord is in compliance.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Neighbors trespassing and will not stop
Matthew Schutz
Matthew Schutz
answered on Mar 21, 2022

Assuming the property is properly posted, you have a basis for civil (section 4:17-2) and criminal (section 2C:18-3) action against the tresspasser. I would start with filing a crminal complaint in the municipal court in the town where the property is located.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Home plumbing inspection

I had a hot water heater installed approx 25 years ago with permit and inspection. The local fire inspector just recently came to my house out of the blue and said they didn't inspect it. They did inspect and I think it's a clerical error on their part but after all this time, I cannot... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 9, 2022

You should consult a local attorney in your town to write a letter on your behalf about this. Probably someone complained.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does everyone on the mortgage loan have to be on the deed?

I have my husband and daughter on the mortgage loan but want only my name on the deed and was wondering if that is possible in Nj.

Morris Leo Greb
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Morris Leo Greb
answered on Mar 7, 2022

The simple answer is no. But anyone who may have an interest such as inchoate dower and inchoate courtesy would need to execute the mortgage. This is done so that in the event a foreclosure proceeding is instituted, everyone's actual and potential property interest is terminated.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My house is being taken from me from a certificate of sale I believe is fraudulent.
Morris Leo Greb
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Morris Leo Greb
answered on Mar 1, 2022

Seek immediate legal advice.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I purchase my moms home with my husband if my name is on the title? Or should I have my name removed?

Home in question is located in New Jersey

Morris Leo Greb
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Morris Leo Greb
answered on Mar 1, 2022

Yes. It will be good time to decide with you wish to be tenants in common, joint tenants, or tenants by the entirety. seek the advice of a real estate attorney.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can a bank put a lien on a 2nd property when the loan agreement/mortgage was agreed to on a totally different property?
Morris Leo Greb
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Morris Leo Greb
answered on Feb 24, 2022

If the lien purports to arise from a loan secured by a mortgage and no other property pledged as security, the answer is no. But a close reading of the note and mortgage is required to see exactly what security was pledged. Additionally the lien may arise from another obligation which might has a... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are currently under contract selling our home to a real estate investor in NJ. Do we need our own closing attorney?
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 17, 2022

In order to transfer title to real estate, a need deed must be prepared together with certain other required documents. If you can prepare these documents properly, do so. But since many thousands of dollars are being paid, it is a small investment to retain an attorney to see if the contract... Read more »

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